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NAFTA Investor Work Permit: Expand Business in Canada

Home » Work » NAFTA Work Permits » NAFTA Investor Work Permit
by Kathy Watkins

Understanding the NAFTA Investor Work Permit

The opportunity to work in Canada is uniquely accessible to citizens of the United States and Mexico through provisions established by NAFTA, now known as the Canada–United States–Mexico Agreement (CUSMA). Under this agreement, investors from these countries may qualify for an investor work permit in Canada without undergoing a Labour Market Impact Assessment (LMIA).

This work permit is rooted in trade agreements between Canada, the US, and Mexico, initially developed as part of the Free Trade Agreement (FTA) between the US and Canada. The NAFTA Investor Work Permit facilitates the temporary entry of business persons and investors into Canada, focusing on enabling trade and investment between the member countries.

NAFTA Investor Work Permit

It’s important to note that the NAFTA Investor Work Permit does not influence permanent residency status; it strictly pertains to temporary residence, indicating entry without the intention of settling permanently.

The work permit arises from a reciprocal agreement, ensuring equal conditions and rights for citizens of all involved nations, including Mexican and US citizens alongside Canadians. This initiative aims to level the playing field, making it equally feasible for investors from each country to engage in work and invest across borders.

Mexico joined the existing US-Canada agreement, enhancing the trade dynamics without altering the general provisions applicable to all international workers. Although the program was renamed CUSMA in 2020, it functions in a comparable manner to NAFTA.

What Is NAFTA 2.0?

Before NAFTA, there was an existing Free Trade Agreement (FTA) between the United States and Canada. However, NAFTA expanded this arrangement by including Mexico, creating a comprehensive trilateral trade agreement.

Established in 1994, the North American Free Trade Agreement (NAFTA) facilitated trade between Canada, the United States, and Mexico. In 2018, this agreement underwent significant revisions, leading to a new accord known as the United States-Mexico-Canada Agreement (USMCA). This updated deal was designed to succeed NAFTA and is often referred to as NAFTA 2.0 or CUSMA.

Despite various changes introduced with the USMCA, the provisions concerning business visits, employment, and investment among these three nations remain consistent with the original NAFTA guidelines.

In 2020, the USMCA officially replaced NAFTA. While several elements of the trade pact were modified, the process for obtaining a Canadian work permit remained unchanged, ensuring a seamless transition for those seeking to work across borders. 

Key Legal Elements of the NAFTA Investor Work Permit

The NAFTA Investor Work Permit facilitates the temporary entry of investors who are citizens of the United States, Canada, and Mexico. This permit eases the entry process as it eliminates the need for a Labour Market Impact Assessment (LMIA). Investors with a NAFTA permit can work in Canada without the need for additional permits.

This agreement is particularly beneficial for professionals and those moving within their companies, as it streamlines the application procedure. However, it is important to note that the NAFTA Investor Work Permit does not guarantee the right to a permanent residence in Canada. It also does not override the standard laws applicable to investors and foreign workers.

NAFTA does not bypass any global requirements pertaining to passports, medical exams, identity verification, or safety measures. Furthermore, while the permit allows investors to work in Canada, it does not exempt them from fulfilling any necessary licensing or certification requirements relevant to their profession.

Holders of this work permit do not gain any special rights for their family members. Their family’s access is governed by the Immigration and Refugee Protection Act and its associated regulations. Importantly, applicants cannot hold both trader and investor status simultaneously, but they can apply for consideration under both categories if unsure.

The NAFTA Investor Work Permit is initially valid for one year, with an option to extend for up to two additional years provided all extension criteria are met. During the extension process, original application details will be reviewed to ensure continued compliance with the necessary conditions. 

Eligibility Requirements for NAFTA Investor Work Permit

Individuals wanting to obtain a NAFTA Investor Work Permit through Immigration to Canada must meet the following criteria: 

Expenses for the NAFTA Investor Work Permit

At Immigration to Canada, we provide guidance on acquiring a temporary work permit in Canada, which generally costs $155 per person. However, the overall expenses for a NAFTA investor work permit can differ depending on your specific location and entry conditions. If you’re applying as part of a group, be prepared for potential additional charges. Furthermore, if the application center requests biometrics, this may incur extra costs beyond the standard visa fees. Our goal is to offer clarity and support throughout your immigration process to Canada. 

Processing Time for NAFTA Investor Work Permit

When applying for an investor work permit through Immigration to Canada, the processing time depends on the standard timelines at the Canadian visa office where you submit your application.

For applicants from the United States, the process generally takes about five weeks, while applicants from Mexico can expect a processing time of approximately 14 weeks. Keep in mind that these estimates do not account for the time needed to transport the application between a visa application center and Immigration, Refugees and Citizenship Canada (IRCC), nor does it include the time required for biometric data submission.

NAFTA Investor Work Permit

Canada Investor Work Permit for NAFTA Professionals

Immigration to Canada offers opportunities for individuals seeking investor work permits under the NAFTA agreement. These permits can be issued to employees of American or Mexican companies with significant investments, provided the employees possess essential skills needed by the company. Here’s what you need to know to bring such an employee to Canada under the NAFTA program.

The NAFTA Professional Work Permit is a specific type of permit that allows qualified US and Mexican citizens to live in Canada temporarily to deliver specialized professional services. Importantly, Canadian employers are not required to secure a Labour Market Impact Assessment (LMIA) to hire these professionals.

More than 60 professional fields are open through the Canadian NAFTA Work Permit program. To be eligible, applicants must demonstrate their qualifications for the specific role and meet the necessary educational standards. Moreover, securing a position with a Canadian company is a prerequisite before submitting a work permit application. 

NAFTA Investor Work Permit Eligibility Criteria for Professionals

At Immigration to Canada, we provide guidance on the NAFTA Investor Work Permit for professionals. Here are the key eligibility criteria: 

Validity Period for NAFTA Investor Work Permits

Under the NAFTA agreement, traders and investors can secure a work permit valid for one year. If they continue to meet the necessary criteria, they can apply for a two-year extension. When applying for an extension, immigration officers will assess your initial application in comparison to your new request.

Please note, if you take up a different job in Canada or engage in activities that conflict with your investor work permit, such as discontinuing your business, your status as an investor may be revoked.

Typically, an applicant’s clear intent to return to the U.S. or Mexico after their trader status expires suffices as evidence of a temporary stay. Your trader status will be terminated if you accept another job, participate in unrelated activities, or close your business.

How Can Immigration to Canada Assist You?

Navigating the process of obtaining a NAFTA investor work permit can be quite challenging, particularly for first-time applicants. The procedure involves a substantial amount of documentation, which can become time-intensive as you proceed.

If you need support with your NAFTA investor work permit, whether you’re unsure about the application method or the criteria for professional authorization, Immigration to Canada is here to help.

Our team consists of experienced and knowledgeable immigration lawyers specializing in Canadian immigration law. We’ve assisted countless individuals in overcoming obstacles to settle in Canada, and we stand ready to assist you as well.

Whether you require expert advice on demonstrating your financial stability or ensuring your health insurance meets the necessary requirements, or if you need guidance on proving your eligibility if your current work situation does not align with immigration regulations, we are equipped to provide assistance. We can also help organize your supporting documents or offer support if your work permit application has been denied. Our team is prepared to guide you through each step of the process.

FAQ
What distinguishes NAFTA from CUSMA?

The North American Free Trade Agreement (NAFTA), enacted on January 1, 1994, between the United States, Canada, and Mexico, established a free-trade zone and removed most tariffs on goods traded among these countries. In 2020, the agreement was updated and renamed the Canada – United States – Mexico Agreement (CUSMA). Despite the name change, the core operations and provisions of the agreement have largely remained consistent.

Which nationalities are eligible for the NAFTA/CUSMA route?

NAFTA/CUSMA is designed to facilitate trade with minimal restrictions among the United States, Mexico, and Canada. Citizens of these three countries are eligible to apply for work permits under the NAFTA/CUSMA route. However, it's important to note that these work permits are for temporary entry and do not provide a pathway to permanent residency.

Is it possible to gain Canadian citizenship through a NAFTA work permit?

No, obtaining a work permit through NAFTA does not lead to Canadian citizenship. Individuals seeking to live permanently in Canada must apply for permanent residence status. NAFTA work permits are strictly for temporary stays in Canada.

Are investments in Canada allowed under NAFTA/CUSMA?

Yes, citizens of the United States or Mexico can invest in Canada under NAFTA/CUSMA and may also apply for a work permit. However, the investment must be substantial and made in an active commercial or entrepreneurial venture.

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